Energy Conservation Program: Decision and Order Granting a Waiver to Beghelli From the Department of Energy Illuminated Exit Sign Test Procedure, 29186-29190 [2019-13216]
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
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Dated: June 18, 2019.
Frank T. Brogan,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2019–13289 Filed 6–20–19; 8:45 am]
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DEPARTMENT OF ENERGY
[Case Number 2018–007; EERE–2018–BT–
WAV–0011]
Energy Conservation Program:
Decision and Order Granting a Waiver
to Beghelli From the Department of
Energy Illuminated Exit Sign Test
Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notice of a
Decision and Order (Case Number
2018–007) that grants to Beghelli North
America (‘‘Beghelli’’) a waiver from
specified portions of the DOE test
procedure for determining the energy
consumption of specified basic models
of illuminated exit signs. Beghelli is
required to test and rate the specified
basic models in accordance with the
alternate test procedure set forth in the
Decision and Order.
DATES: The Decision and Order is
effective on June 21, 2019. The Decision
and Order will terminate upon the
compliance date of any future
amendment to the test procedure for
illuminated exit signs located at 10 CFR
431.204 that addresses the issues
presented in this waiver. At such time,
Beghelli must use the relevant test
procedure for this equipment for any
testing to demonstrate compliance with
the applicable standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email: AS_Waiver_
Requests@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR
431.401(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set
forth below. The Decision and Order
grants Beghelli a waiver from the
applicable test procedure at 10 CFR
431.204 for specified basic models of
illuminated exit signs, and requires that
Beghelli test and rate such equipment
using the alternate test procedure
SUMMARY:
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specified in the Decision and Order.
Beghelli’s representations concerning
the energy consumption of the specified
basic models must be based on testing
according to the provisions and
restrictions in the alternate test
procedure set forth in the Decision and
Order, and the representations must
fairly disclose the test results.
Distributors, retailers, and private
labelers are held to the same
requirements when making
representations regarding the energy
consumption of this equipment. (42
U.S.C. 6293(c))
Consistent with 10 CFR 431.401(j),
not later than August 20, 2019, any
manufacturer currently distributing in
commerce in the United States
equipment employing a technology or
characteristic that results in the same
need for a waiver from the applicable
test procedure must submit a petition
for waiver. Manufacturers not currently
distributing such equipment in
commerce in the United States must
petition for and be granted a waiver
prior to the distribution in commerce of
that equipment in the United States.
Manufacturers may also submit a
request for interim waiver pursuant to
the requirements of 10 CFR 431.401.
Signed in Washington, DC, on June 7,
2019.
Alexander Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Case Number 2018–007
Decision and Order
I. Background and Authority
The Energy Policy and Conservation
Act of 1975, as amended (‘‘EPCA’’),1
authorizes the U.S. Department of
Energy (‘‘DOE’’) to regulate the energy
efficiency of a number of consumer
products and industrial equipment. (42
U.S.C. 6291–6317) Title III, Part B 2 of
EPCA established the Energy
Conservation Program for Consumer
Products Other Than Automobiles,
which sets forth a variety of provisions
designed to improve energy efficiency
for certain types of consumer products.
These products include illuminated exit
signs, the focus of this document. (42
U.S.C. 6291(37); 42 U.S.C. 6295(w))
Under EPCA, DOE’s energy
conservation program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
1 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
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standards, and (4) certification and
enforcement procedures. Relevant
provisions of EPCA include definitions
(42 U.S.C. 6291), energy conservation
standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling
provisions (42 U.S.C. 6294), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
that product (42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to determine whether the
product complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
products. EPCA requires that any test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for
illuminated exit signs is contained in
the Code of Federal Regulations (‘‘CFR’’)
at 10 CFR 431.204, ‘‘Uniform test
method for the measurement of energy
consumption of illuminated exit
signs.’’ 3
Under 10 CFR 431.401, any interested
person may submit a petition for waiver
from DOE’s test procedure
requirements. DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
model for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic model according to the prescribed
test procedures, or that the prescribed
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy consumption characteristics
3 Although illuminated exit signs are covered
products pursuant to EPCA, as a matter of
administrative convenience and to minimize
confusion among interested parties, DOE adopted
illuminated exit sign provisions into subpart L of
10 CFR part 431 (the portion of DOE’s regulations
dealing with commercial and industrial equipment)
because typically businesses, rather than
individuals, purchase them. 70 FR 60407, 60409
(Oct. 18, 2005).
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as to provide materially inaccurate
comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. Id.
II. Beghelli’s Petition for Waiver:
Assertions and Determinations
By letter with attachment dated June
26, 2018, Beghelli filed a petition for
waiver from the illuminated exit sign
test procedure set forth in 10 CFR
431.204. (Beghelli, No. 1 at pp. 1–6) 4
Beghelli requested a waiver for basic
models that provide the dual function of
exit signage and lighting for emergency
egress (combination illuminated exit
signs) 5, stating that the battery used in
combination illuminated exit signs
requires a substantially larger capacity
to provide a minimum of 90 minutes of
egress lighting, as required by safety
codes. Beghelli further stated that it is
not feasible to separate the power
measurement associated with the exit
signage and the egress lighting because
a single battery and charging circuit
supplies power for both functions.
As an alternate to the test procedure
currently in place at 10 CFR 431.204,
Beghelli requested that it be permitted
to determine the power consumption for
its combination illuminated exit signs
using the following procedure:
1. Measure AC input power of the
complete unit of combination
illuminated exit sign with a fully
charged battery.
2. Measure the DC output voltage and
current to the light source of the unit.
3. Calculate the AC power
consumption of the light source of the
unit by applying a power factor
correction of 30 percent as worst-case
scenario. (Beghelli asserted that it
arrived at this value based on its view
that the circuitry design would not
produce a loss exceeding 30 percent.)
4. If needed, calculate the stand-by
power for the unit when the battery is
fully charged using the following
equation: Stand-by Power = Input Power
(from Item 1) ¥ Power of Basic Exit
Sign Light Source (from Item 3).
On February 6, 2019, DOE published
a notice announcing its receipt of the
4 A notation in this form provides a reference for
information that is in the docket for this test
procedure waiver (Docket No. EERE–2018–BT–
WAV–0011) (available at https://
www.regulations.gov/document?D=EERE-2018-BTWAV-0011-0001) This notation indicates that the
statement preceding the reference is document
number 1 in the docket and appears at pages 2–4
of that document.
5 DOE uses the term ‘‘combination illuminated
exit sign’’ in this notice to mean an illuminated exit
sign that includes or is packaged with (1) at least
one auxiliary feature and (2) a battery electrically
connected to the illumination source for the face.
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petition for waiver. 84 FR 2194 (‘‘Notice
of Petition for Waiver’’). In the Notice of
Petition for Waiver, DOE reviewed the
alternate test procedure suggested by
Beghelli. The suggested alternate
procedure would measure the output
power of the exit sign and apply
conversion losses to back-calculate the
input power to the exit sign. This
approach would require assumptions
that would likely result in an
uncertainty of measured values.
Beghelli contended that the input to
output power conversion losses of all
basic models under consideration
would not exceed 30 percent. However,
Beghelli’s petition did not provide a
sufficient basis for the 30-percent value.
With the differences in battery types
and sizes used in the various basic
models addressed by the waiver request,
it was not evident from the petition that
the 30-percent value would apply across
all the basic models of illuminated exit
sign models identified in Beghelli’s
petition. Additionally, as DOE
explained in the Notice of Petition for
Waiver, it was unclear from the limited
information provided by Beghelli in its
petition whether the measurement of
the DC output voltage and current
measurement in Beghelli’s suggested
alternative testing method would result
in a power measurement that could only
be attributable to the light sources of the
exit sign, without resorting to additional
steps such as cutting wires or otherwise
modifying the equipment’s circuitry. 84
FR 2194, 2195. Accordingly, in light of
the uncertainty regarding the basis for
Beghelli’s assumptions and the absence
of any clarifying supplemental
information from the company in
support of those assumptions, DOE
initially determined in its Notice of
Petition for Waiver that the alternative
test procedure suggested by Beghelli
(i.e., to use the estimated conversion
losses in conjunction with a
measurement for which it is uncertain
whether the power consumption of the
light source(s) of the exit sign is
isolated) would not likely accurately
calculate the combination illuminated
exit sign input power demand of the
affected basic models. 84 FR 2194,
2195–2196.
As an alternate to Beghelli’s suggested
approach, in the Notice of Petition for
Waiver, DOE proposed that the
company apply an alternate testing
method that would not require
application of conversion losses and,
instead, would rely on a more direct
measurement of the input power
consumption attributable to the light
source(s) of the exit sign. 84 FR 2194,
2195. Under this alternate test
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procedure, the manufacturer would
determine the input power demand of a
unit of the basic model by testing an
equivalent 6 unit of a non-combination
illuminated exit sign. This approach is
similar to an alternate test procedure
approved by DOE for use in the waiver
granted to Acuity Brands Lighting Inc.
for similar equipment. 83 FR 11740
(March 16, 2018).
In the Notice of Petition for Waiver,
DOE also solicited comments from
interested parties on all aspects of the
petition and Beghelli’s suggested
alternate method as well as DOE’s
proposed alternate method. 84 FR 2194,
2196. DOE received no comments in
response to the Notice of Petition for
Waiver.
For the reasons explained here and in
the Notice of Petition for Waiver, absent
a waiver, the basic models identified by
Beghelli in its petition cannot be tested
and rated for energy consumption on a
basis representative of their true energy
consumption characteristics. DOE has
reviewed the recommended procedure
suggested by Beghelli and concludes
that it will not allow for the accurate
measurement of the energy use of the
combination illuminated exit sign,
while alleviating the testing problems
associated with Beghelli’s
implementation of DOE’s applicable
illuminated exit sign test procedure for
the specified basic models. No comment
or additional information was received
in response to the Notice of Petition for
Waiver. As such, for the reasons
discussed, the following main issues
with Beghelli’s alternative test
procedure remain unresolved: (1)
Assumptions of conversion losses and
(2) no non-destructive method of
isolating the power consumption to the
light source(s) of the exit sign.
Based on DOE’s review of product
specification sheets of the basic models
for which Beghelli seeks a waiver, it
appears that there are units of noncombination illuminated exit signs
equivalent to units of these basic
models. Thus, DOE is requiring that
Beghelli test and rate specified
combination illuminated exit sign basic
models according to the alternate test
procedure involving testing units of
equivalent non-combination illuminated
exit signs. Using this method, for each
combination illuminated exit sign unit
selected, Beghelli must assign the
measured input power demand of a
separate corresponding equivalent noncombination unit. For example, if DOE
regulations require testing of two units,
Beghelli must identify and measure the
input power demand of two equivalent
non-combination units, and assign the
measured input power of each unit to
each of the two combination units,
respectively. In those instances where
only a single, non-combination unit is
available, Beghelli would be required to
measure the input power demand of
that single unit and assign the measured
input power to the combination unit.
See generally 10 CFR 429.48(a) and 10
CFR 429.11(b)(2).
The alternate test procedure provided
by DOE and specified in this Decision
and Order is substantively the same as
that detailed in the Notice of Petition for
Waiver.
This Decision and Order applies only
to the basic models listed and does not
extend to any other basic models. DOE
evaluates and grants waivers for only
those basic models specifically set out
in the petition, not future models that
may be manufactured by the petitioner.
Beghelli may request that the scope of
this waiver be extended to include
additional basic models that employ the
same technology as those listed in this
waiver. 10 CFR 431.401(g). Beghelli may
also submit another petition for waiver
from the test procedure for additional
basic models that employ a different
technology and meet the criteria for test
procedure waivers. 10 CFR
431.401(a)(1).
DOE notes that it may modify or
rescind the waiver at any time upon
DOE’s determination that the factual
basis underlying the petition for waiver
is incorrect, or upon a determination
that the results from the alternate test
procedure are unrepresentative of the
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6 A unit of a non-combination illuminated exit
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electricity-consuming components identical to all of
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III. Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (‘‘FTC’’) staff concerning
Beghelli’s petition for waiver. The FTC
staff did not have any objections to DOE
granting a waiver to Beghelli for the
specified basic models.
IV. Order
After careful consideration of all the
material submitted by Beghelli, the
various public-facing materials (e.g.,
marketing materials, product
specification sheets, and installation
manuals) for the units identified in the
petition, in this matter, it is ordered
that:
(1) Beghelli must, as of the date of
publication of this Order in the Federal
Register, test and rate the following
RBO–C combination illuminated exit
sign basic models with the alternate test
procedure as set forth in paragraph (2)
of this Order:
Basic model No.
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basic models’ true energy consumption
characteristics. 10 CFR 431.401(k)(1).
Likewise, Beghelli may request that
DOE rescind or modify the waiver if the
company discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
431.401(k)(2). As set forth above, the
test procedure specified in this Decision
and Order is not the same as the test
procedure offered by Beghelli. If
Beghelli believes that the alternate test
method it suggested provides
representative results and is less
burdensome than the test method
required by this Decision and Order,
Beghelli may submit a request for
modification under 10 CFR
431.401(k)(2) that addresses the
concerns that DOE has specified with
that procedure. Beghelli may also
submit another less burdensome
alternative test procedure not expressly
considered in this notice under the
same provision.
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those of the unit of the combination illuminated
exit sign basic model, but does not include any
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auxiliary features, and contains an electricallyconnected battery.
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RBO–C–6–54–LR1–U–W–2LRWP–8W
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RBO–C–6–72–LR1–U–W–2LRWP–8W
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RBO–C–6–120–LR1–U–W–2LRWP–8W
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RBO–C–6–42–LG1–U–W–2LRWP–8W
RBO–C–6–54–LG1–U–W–2LRWP–8W
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RBO–C–6–100–LG1–U–W–2LRWP–8W
RBO–C–6–120–LG1–U–W–2LRWP–8W
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RBO–C–12–42–LR1–U–W–2LRWP–8W
RBO–C–12–60–LR1–U–W–2LRWP–8W
RBO–C–12–90–LR1–U–W–2LRWP–8W
RBO–C–12–120–LR1–U–W–2LRWP–8W
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
Brand name
jspears on DSK30JT082PROD with NOTICES
Beghelli
Beghelli
Beghelli
Beghelli
Beghelli
Beghelli
Beghelli
Basic model No.
.....................................................................................................
.....................................................................................................
.....................................................................................................
.....................................................................................................
.....................................................................................................
.....................................................................................................
.....................................................................................................
(2) The alternate test procedure for the
Beghelli basic models referenced in
paragraph (1) of this Order is the test
procedure for illuminated exit signs
prescribed by DOE at 10 CFR 431.204
except use the following instructions in
place of 10 CFR 431.204(b):
Determine the energy efficiency of
each combination illuminated exit sign
unit under test (‘‘combination unit’’) by
conducting the test procedure, as
follows:
(i) Identify a unit of a noncombination illuminated exit sign
(‘‘non-combination unit’’) equivalent to
the combination unit. A noncombination unit is equivalent only if it
consists entirely of electricityconsuming components identical to all
of those of the combination unit, but
does not include any auxiliary features,
and contains an electrically connected
battery. The equivalent noncombination unit must also have the
same manufacturer and number of faces
as the combination unit.
(ii) Test the equivalent noncombination unit using the DOE test
procedure at 10 CFR, part 431,
subpart L.
(iii) Assign the measured input power
demand of the non-combination unit as
the input power demand of the
combination unit.
(3) Representations. Beghelli may not
make representations about the energy
use of the basic models referenced in
paragraph (1) of this Order for
compliance, marketing, or other
purposes unless the basic model has
been tested in accordance with the
provisions set forth above and such
representations fairly disclose the
results of such testing.
(4) This waiver shall remain in effect
according to the provisions of 10 CFR
431.401.
(5) This waiver is issued on the
condition that the statements,
representations, and documents
provided by Beghelli are valid. If
Beghelli makes any modifications to the
controls or configurations of a basic
model referenced in paragraph (1), the
waiver will no longer be valid for that
basic model and Beghelli will either be
required to use the current Federal test
method or submit a new application for
VerDate Sep<11>2014
18:30 Jun 20, 2019
Jkt 247001
RBO–C–12–36–LG1–U–W–2LRWP–8W
RBO–C–12–42–LG1–U–W–2LRWP–8W
RBO–C–12–60–LG1–U–W–2LRWP–8W
RBO–C–12–90–LG1–U–W–2LRWP–8W
RBO–C–12–120–LG1–U–W–2LRWP–8W
RBO–C–12–130–LG1–U–W–2LRWP–8W
RBO–C–12–140–LG1–U–W–2LRWP–8W
a test procedure waiver. DOE may
rescind or modify this waiver at any
time if it determines that the factual
basis underlying the petition for waiver
is incorrect, or the results from the
alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
10 CFR 431.401(k)(1). Likewise, Beghelli
may request that DOE rescind or modify
the waiver if Beghelli discovers an error
in the information provided to DOE as
part of its petition, determines that the
waiver is no longer needed, or for other
appropriate reasons. 10 CFR
431.401(k)(2).
(6) Granting of this waiver does not
release Beghelli from the certification
requirements set forth at 10 CFR part
429.
Signed in Washington, DC, on June 7,
2019.
Alexander Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2019–13216 Filed 6–20–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Notice of Public Meeting of the
Supercritical CO2 Oxy-Combustion
Technology Group
National Energy Technology
Laboratory, Office of Fossil Energy,
Department of Energy.
ACTION: Notice of public meeting.
AGENCY:
The National Energy
Technology Laboratory (NETL) will host
a public meeting via WebEx July 9,
2019, of the Supercritical CO2 Oxycombustion Technology Group, to
address challenges associated with oxycombustion systems in directly heated
supercritical CO2 (sCO2) power cycles.
DATES: The public meeting will be held
on July 9, 2019, from 1 p.m. to 3 p.m.
ET.
ADDRESSES: The public meeting will be
held via WebEx and hosted by NETL.
FOR FURTHER INFORMATION CONTACT: For
further information regarding the public
meeting, please contact Seth Lawson by
email at Seth.Lawson@netl.doe.gov, or
SUMMARY:
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
by postal mail addressed to National
Energy Technology Laboratory, 3610
Collins Ferry Road, P.O. Box 880,
Morgantown, WV 26507–0880. Please
direct all media inquiries to the NETL
Public Affairs Officer at (304) 285–0228.
SUPPLEMENTARY INFORMATION:
Instructions and Information on the
Public Meeting
The public meeting will be held via
WebEx. The public meeting will begin
at 1:00 p.m. and end at 3:00 p.m.
Interested parties may RSVP, to confirm
their participation and receive login
instructions, by emailing Seth.Lawson@
netl.doe.gov.
The objective of the Supercritical CO2
Oxy-combustion Technology Group is to
promote a technical understanding of
oxy-combustion for direct-fired sCO2
power cycles by sharing information or
viewpoints from individual participants
regarding risk reduction and challenges
associated with developing the
technology.
Oxy-combustion systems in directly
heated supercritical CO2 (SCO2) power
cycles utilize natural gas or syngas oxycombustion systems to produce a high
temperature SCO2 working fluid and
have the potential to be efficient, cost
effective and well-suited for carbon
dioxide (CO2) capture. To realize the
benefits of direct fired SCO2 power
cycles, the following challenges must be
addressed: Chemical kinetic
uncertainties, combustion instability,
flowpath design, thermal management,
pressure containment, definition/
prediction of turbine inlet conditions,
ignition, off-design operation, transient
capabilities, in-situ flame monitoring,
and modeling, among others.
The format of the meeting will
facilitate equal opportunity for
discussion among all participants; all
participants will be welcome to speak.
Following a detailed presentation by
one volunteer participant regarding
lessons learned from his or her area of
research, other participants will be
provided the opportunity to briefly
share lessons learned from their own
research. Meetings are expected to take
place every other month with a different
volunteer presenting at each meeting.
E:\FR\FM\21JNN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29186-29190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13216]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2018-007; EERE-2018-BT-WAV-0011]
Energy Conservation Program: Decision and Order Granting a Waiver
to Beghelli From the Department of Energy Illuminated Exit Sign Test
Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2018-007) that grants to Beghelli North
America (``Beghelli'') a waiver from specified portions of the DOE test
procedure for determining the energy consumption of specified basic
models of illuminated exit signs. Beghelli is required to test and rate
the specified basic models in accordance with the alternate test
procedure set forth in the Decision and Order.
DATES: The Decision and Order is effective on June 21, 2019. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for illuminated exit signs
located at 10 CFR 431.204 that addresses the issues presented in this
waiver. At such time, Beghelli must use the relevant test procedure for
this equipment for any testing to demonstrate compliance with the
applicable standards, and any other representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set forth below. The Decision and
Order grants Beghelli a waiver from the applicable test procedure at 10
CFR 431.204 for specified basic models of illuminated exit signs, and
requires that Beghelli test and rate such equipment using the alternate
test procedure specified in the Decision and Order. Beghelli's
representations concerning the energy consumption of the specified
basic models must be based on testing according to the provisions and
restrictions in the alternate test procedure set forth in the Decision
and Order, and the representations must fairly disclose the test
results. Distributors, retailers, and private labelers are held to the
same requirements when making representations regarding the energy
consumption of this equipment. (42 U.S.C. 6293(c))
Consistent with 10 CFR 431.401(j), not later than August 20, 2019,
any manufacturer currently distributing in commerce in the United
States equipment employing a technology or characteristic that results
in the same need for a waiver from the applicable test procedure must
submit a petition for waiver. Manufacturers not currently distributing
such equipment in commerce in the United States must petition for and
be granted a waiver prior to the distribution in commerce of that
equipment in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 431.401.
Signed in Washington, DC, on June 7, 2019.
Alexander Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Case Number 2018-007
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ authorizes the U.S. Department of Energy (``DOE'') to
regulate the energy efficiency of a number of consumer products and
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of
EPCA established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency for certain types of consumer
products. These products include illuminated exit signs, the focus of
this document. (42 U.S.C. 6291(37); 42 U.S.C. 6295(w))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation
[[Page 29187]]
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6291), energy
conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C.
6293), labeling provisions (42 U.S.C. 6294), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect energy efficiency, energy use or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and requires that test procedures
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for illuminated exit signs is contained in the Code of
Federal Regulations (``CFR'') at 10 CFR 431.204, ``Uniform test method
for the measurement of energy consumption of illuminated exit signs.''
\3\
---------------------------------------------------------------------------
\3\ Although illuminated exit signs are covered products
pursuant to EPCA, as a matter of administrative convenience and to
minimize confusion among interested parties, DOE adopted illuminated
exit sign provisions into subpart L of 10 CFR part 431 (the portion
of DOE's regulations dealing with commercial and industrial
equipment) because typically businesses, rather than individuals,
purchase them. 70 FR 60407, 60409 (Oct. 18, 2005).
---------------------------------------------------------------------------
Under 10 CFR 431.401, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to conditions, including adherence to
alternate test procedures. Id.
II. Beghelli's Petition for Waiver: Assertions and Determinations
By letter with attachment dated June 26, 2018, Beghelli filed a
petition for waiver from the illuminated exit sign test procedure set
forth in 10 CFR 431.204. (Beghelli, No. 1 at pp. 1-6) \4\ Beghelli
requested a waiver for basic models that provide the dual function of
exit signage and lighting for emergency egress (combination illuminated
exit signs) \5\, stating that the battery used in combination
illuminated exit signs requires a substantially larger capacity to
provide a minimum of 90 minutes of egress lighting, as required by
safety codes. Beghelli further stated that it is not feasible to
separate the power measurement associated with the exit signage and the
egress lighting because a single battery and charging circuit supplies
power for both functions.
---------------------------------------------------------------------------
\4\ A notation in this form provides a reference for information
that is in the docket for this test procedure waiver (Docket No.
EERE-2018-BT-WAV-0011) (available at https://www.regulations.gov/document?D=EERE-2018-BT-WAV-0011-0001) This notation indicates that
the statement preceding the reference is document number 1 in the
docket and appears at pages 2-4 of that document.
\5\ DOE uses the term ``combination illuminated exit sign'' in
this notice to mean an illuminated exit sign that includes or is
packaged with (1) at least one auxiliary feature and (2) a battery
electrically connected to the illumination source for the face.
---------------------------------------------------------------------------
As an alternate to the test procedure currently in place at 10 CFR
431.204, Beghelli requested that it be permitted to determine the power
consumption for its combination illuminated exit signs using the
following procedure:
1. Measure AC input power of the complete unit of combination
illuminated exit sign with a fully charged battery.
2. Measure the DC output voltage and current to the light source of
the unit.
3. Calculate the AC power consumption of the light source of the
unit by applying a power factor correction of 30 percent as worst-case
scenario. (Beghelli asserted that it arrived at this value based on its
view that the circuitry design would not produce a loss exceeding 30
percent.)
4. If needed, calculate the stand-by power for the unit when the
battery is fully charged using the following equation: Stand-by Power =
Input Power (from Item 1) - Power of Basic Exit Sign Light Source (from
Item 3).
On February 6, 2019, DOE published a notice announcing its receipt
of the petition for waiver. 84 FR 2194 (``Notice of Petition for
Waiver''). In the Notice of Petition for Waiver, DOE reviewed the
alternate test procedure suggested by Beghelli. The suggested alternate
procedure would measure the output power of the exit sign and apply
conversion losses to back-calculate the input power to the exit sign.
This approach would require assumptions that would likely result in an
uncertainty of measured values. Beghelli contended that the input to
output power conversion losses of all basic models under consideration
would not exceed 30 percent. However, Beghelli's petition did not
provide a sufficient basis for the 30-percent value. With the
differences in battery types and sizes used in the various basic models
addressed by the waiver request, it was not evident from the petition
that the 30-percent value would apply across all the basic models of
illuminated exit sign models identified in Beghelli's petition.
Additionally, as DOE explained in the Notice of Petition for Waiver, it
was unclear from the limited information provided by Beghelli in its
petition whether the measurement of the DC output voltage and current
measurement in Beghelli's suggested alternative testing method would
result in a power measurement that could only be attributable to the
light sources of the exit sign, without resorting to additional steps
such as cutting wires or otherwise modifying the equipment's circuitry.
84 FR 2194, 2195. Accordingly, in light of the uncertainty regarding
the basis for Beghelli's assumptions and the absence of any clarifying
supplemental information from the company in support of those
assumptions, DOE initially determined in its Notice of Petition for
Waiver that the alternative test procedure suggested by Beghelli (i.e.,
to use the estimated conversion losses in conjunction with a
measurement for which it is uncertain whether the power consumption of
the light source(s) of the exit sign is isolated) would not likely
accurately calculate the combination illuminated exit sign input power
demand of the affected basic models. 84 FR 2194, 2195-2196.
As an alternate to Beghelli's suggested approach, in the Notice of
Petition for Waiver, DOE proposed that the company apply an alternate
testing method that would not require application of conversion losses
and, instead, would rely on a more direct measurement of the input
power consumption attributable to the light source(s) of the exit sign.
84 FR 2194, 2195. Under this alternate test
[[Page 29188]]
procedure, the manufacturer would determine the input power demand of a
unit of the basic model by testing an equivalent \6\ unit of a non-
combination illuminated exit sign. This approach is similar to an
alternate test procedure approved by DOE for use in the waiver granted
to Acuity Brands Lighting Inc. for similar equipment. 83 FR 11740
(March 16, 2018).
---------------------------------------------------------------------------
\6\ A unit of a non-combination illuminated exit sign is
equivalent only if it consists entirely of electricity-consuming
components identical to all of those of the unit of the combination
illuminated exit sign basic model, but does not include any
auxiliary features, and contains an electrically-connected battery.
---------------------------------------------------------------------------
In the Notice of Petition for Waiver, DOE also solicited comments
from interested parties on all aspects of the petition and Beghelli's
suggested alternate method as well as DOE's proposed alternate method.
84 FR 2194, 2196. DOE received no comments in response to the Notice of
Petition for Waiver.
For the reasons explained here and in the Notice of Petition for
Waiver, absent a waiver, the basic models identified by Beghelli in its
petition cannot be tested and rated for energy consumption on a basis
representative of their true energy consumption characteristics. DOE
has reviewed the recommended procedure suggested by Beghelli and
concludes that it will not allow for the accurate measurement of the
energy use of the combination illuminated exit sign, while alleviating
the testing problems associated with Beghelli's implementation of DOE's
applicable illuminated exit sign test procedure for the specified basic
models. No comment or additional information was received in response
to the Notice of Petition for Waiver. As such, for the reasons
discussed, the following main issues with Beghelli's alternative test
procedure remain unresolved: (1) Assumptions of conversion losses and
(2) no non-destructive method of isolating the power consumption to the
light source(s) of the exit sign.
Based on DOE's review of product specification sheets of the basic
models for which Beghelli seeks a waiver, it appears that there are
units of non-combination illuminated exit signs equivalent to units of
these basic models. Thus, DOE is requiring that Beghelli test and rate
specified combination illuminated exit sign basic models according to
the alternate test procedure involving testing units of equivalent non-
combination illuminated exit signs. Using this method, for each
combination illuminated exit sign unit selected, Beghelli must assign
the measured input power demand of a separate corresponding equivalent
non-combination unit. For example, if DOE regulations require testing
of two units, Beghelli must identify and measure the input power demand
of two equivalent non-combination units, and assign the measured input
power of each unit to each of the two combination units, respectively.
In those instances where only a single, non-combination unit is
available, Beghelli would be required to measure the input power demand
of that single unit and assign the measured input power to the
combination unit. See generally 10 CFR 429.48(a) and 10 CFR
429.11(b)(2).
The alternate test procedure provided by DOE and specified in this
Decision and Order is substantively the same as that detailed in the
Notice of Petition for Waiver.
This Decision and Order applies only to the basic models listed and
does not extend to any other basic models. DOE evaluates and grants
waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
Beghelli may request that the scope of this waiver be extended to
include additional basic models that employ the same technology as
those listed in this waiver. 10 CFR 431.401(g). Beghelli may also
submit another petition for waiver from the test procedure for
additional basic models that employ a different technology and meet the
criteria for test procedure waivers. 10 CFR 431.401(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise,
Beghelli may request that DOE rescind or modify the waiver if the
company discovers an error in the information provided to DOE as part
of its petition, determines that the waiver is no longer needed, or for
other appropriate reasons. 10 CFR 431.401(k)(2). As set forth above,
the test procedure specified in this Decision and Order is not the same
as the test procedure offered by Beghelli. If Beghelli believes that
the alternate test method it suggested provides representative results
and is less burdensome than the test method required by this Decision
and Order, Beghelli may submit a request for modification under 10 CFR
431.401(k)(2) that addresses the concerns that DOE has specified with
that procedure. Beghelli may also submit another less burdensome
alternative test procedure not expressly considered in this notice
under the same provision.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (``FTC'') staff
concerning Beghelli's petition for waiver. The FTC staff did not have
any objections to DOE granting a waiver to Beghelli for the specified
basic models.
IV. Order
After careful consideration of all the material submitted by
Beghelli, the various public-facing materials (e.g., marketing
materials, product specification sheets, and installation manuals) for
the units identified in the petition, in this matter, it is ordered
that:
(1) Beghelli must, as of the date of publication of this Order in
the Federal Register, test and rate the following RBO-C combination
illuminated exit sign basic models with the alternate test procedure as
set forth in paragraph (2) of this Order:
------------------------------------------------------------------------
Brand name Basic model No.
------------------------------------------------------------------------
Beghelli............................... RBO-C-6-36-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-42-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-54-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-60-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-72-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-90-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-100-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-120-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-36-LG1-U-W-2LRWP-9W
[[Page 29189]]
Beghelli............................... RBO-C-6-42-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-54-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-60-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-72-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-90-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-100-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-120-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-36-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-42-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-60-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-90-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-120-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-130-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-140-LR1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-36-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-42-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-60-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-90-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-120-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-130-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-12-140-LG1-U-W-2LRWP-9W
Beghelli............................... RBO-C-6-36-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-42-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-54-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-60-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-72-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-90-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-100-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-120-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-36-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-42-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-54-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-60-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-72-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-90-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-100-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-120-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-36-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-42-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-60-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-90-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-120-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-130-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-140-LR1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-36-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-42-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-60-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-90-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-120-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-130-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-12-140-LG1-U-W-2LRWP-18W
Beghelli............................... RBO-C-6-36-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-42-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-54-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-60-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-72-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-90-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-100-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-120-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-36-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-42-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-54-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-60-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-72-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-90-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-100-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-6-120-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-36-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-42-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-60-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-90-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-120-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-130-LR1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-140-LR1-U-W-2LRWP-8W
[[Page 29190]]
Beghelli............................... RBO-C-12-36-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-42-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-60-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-90-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-120-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-130-LG1-U-W-2LRWP-8W
Beghelli............................... RBO-C-12-140-LG1-U-W-2LRWP-8W
------------------------------------------------------------------------
(2) The alternate test procedure for the Beghelli basic models
referenced in paragraph (1) of this Order is the test procedure for
illuminated exit signs prescribed by DOE at 10 CFR 431.204 except use
the following instructions in place of 10 CFR 431.204(b):
Determine the energy efficiency of each combination illuminated
exit sign unit under test (``combination unit'') by conducting the test
procedure, as follows:
(i) Identify a unit of a non-combination illuminated exit sign
(``non-combination unit'') equivalent to the combination unit. A non-
combination unit is equivalent only if it consists entirely of
electricity-consuming components identical to all of those of the
combination unit, but does not include any auxiliary features, and
contains an electrically connected battery. The equivalent non-
combination unit must also have the same manufacturer and number of
faces as the combination unit.
(ii) Test the equivalent non-combination unit using the DOE test
procedure at 10 CFR, part 431, subpart L.
(iii) Assign the measured input power demand of the non-combination
unit as the input power demand of the combination unit.
(3) Representations. Beghelli may not make representations about
the energy use of the basic models referenced in paragraph (1) of this
Order for compliance, marketing, or other purposes unless the basic
model has been tested in accordance with the provisions set forth above
and such representations fairly disclose the results of such testing.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 431.401.
(5) This waiver is issued on the condition that the statements,
representations, and documents provided by Beghelli are valid. If
Beghelli makes any modifications to the controls or configurations of a
basic model referenced in paragraph (1), the waiver will no longer be
valid for that basic model and Beghelli will either be required to use
the current Federal test method or submit a new application for a test
procedure waiver. DOE may rescind or modify this waiver at any time if
it determines that the factual basis underlying the petition for waiver
is incorrect, or the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics. 10 CFR 431.401(k)(1). Likewise, Beghelli may request
that DOE rescind or modify the waiver if Beghelli discovers an error in
the information provided to DOE as part of its petition, determines
that the waiver is no longer needed, or for other appropriate reasons.
10 CFR 431.401(k)(2).
(6) Granting of this waiver does not release Beghelli from the
certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on June 7, 2019.
Alexander Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-13216 Filed 6-20-19; 8:45 am]
BILLING CODE 6450-01-P
